Omkar Singh Bhandari vs Dhanna Devi on 30 July, 2018

2. The chain of undisputed title documents is as under:-

(i) The original owner Sh. Mohan Singh sold rights in the second

floor by means of registered documentation dated 9.3.2006 to Smt.

Dhanna Devi. (ii) Smt. Dhanna Devi by means of registered

documentation dated 18.10.2007 transferred the second floor of the

aforesaid Janta Flat to Mohd. Zakir. (iii) Mohd. Zakir by means of

documentation dated 16.9.2008 transferred rights in the second floor

to Smt. Rubina Rais. (iv) The appellant/plaintiff purchased the suit

property from Smt. Rubina Rais in terms of the documentation dated

24.1.2011.

3. Trial court has dismissed the suit by observing that since what

was sold by the aforesaid documentation was only the second floor

without the top floor i.e the terrace floor/third floor above the second

floor was not the subject matter of documentation, hence the

appellant/plaintiff could not have purchased the suit property being the

top floor i.e the third floor over the second floor which was first sold

RFA No. 922/2016 Page 2 of 5
by Sh. Mohan Singh to Smt. Dhanna Devi and ultimately came to be

owned by the appellant/plaintiff.

Source: Indian Kanoon

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